Baton Rouge Wrongful Death Lawyer

Wrongful Death Attorney in Baton Rouge, LA

The unexpected death of a loved one can create immediate and long-lasting emotional and financial hardships. With representation from a Baton Rouge wrongful death lawyer, qualifying survivors can seek compensation. Under Louisiana law, when a person suffers a wrongful death or dies as a result of the fault of another person, the exclusive class of beneficiaries who may bring wrongful death claims is limited as follows:

1. The surviving spouse and children of the deceased.
2. The surviving parents of the deceased, only if there is no surviving spouse or children.
3. The surviving brothers and sisters, only if there is no surviving spouse, children, or parents.
4. The surviving grandparents, only if there are no surviving spouse, children, parents or siblings.

The survivors are entitled to collect money damages to compensate for the deceased’s survival action or pre-death pain and suffering, and also for their own wrongful death damages resulting from the death.

A survival action is for the recovery of damages for pre-impact fear, pain, suffering and any other damages to the decedent from the time the injuries occurred until his or her death. Damages are properly awarded if there is a scintilla of evidence of any suffering or pain on the part of the decedent by his actions or otherwise.

Kirk A. Guidry Sr. and C. Scott Courrege recently handled the reported case of Depedro v. DOTD, resulting in a $500,000 survival damage award for pre-death fear of an impending accident and death.

Understanding Wrongful Death Filing Deadlines in Louisiana

Like other states, Louisiana sets strict filing deadlines for wrongful death claims. For anyone seeking compensation for a wrongful death in Baton Rouge, they would generally need to file in court within one year of the date of death. In cases where an injury predates the death, the window may extend up to two years from the date of the injury.

Failing to meet these deadlines could mean that the party seeking compensation is not eligible to use the courts and the wrongful death process. Legal representation plays a key role in ensuring that claims are filed in time. Wrongful death claims are generally heard in the Nineteenth Judicial District Court for East Baton Rouge Parish, located at 222. St. Louis Street in Baton Rouge, Louisiana.

Understanding Wrongful Death vs. Survival Actions in Louisiana

Louisiana law recognizes two separate but related types of claims that may be brought when someone dies as a result of another party’s actions. Wrongful death claims and survival actions serve a different purpose and are governed by different rules. A wrongful death action compensates surviving family members for their own losses after the loss of a loved one.

Only specific relatives may file. If no eligible beneficiaries exist, no wrongful claim can be filed.

A survival action preserves the claim the deceased party could have brought had they lived. Survival actions cover damages suffered between the injury and death, such as medical expenses, physical pain, emotional distress, and other economic and non-economic damages. These cases can be filed by the estate’s representative when there are no living beneficiaries.

Wrongful death claims focus on losses after death, while survival actions look backward to the period between injury and death. Both claims are often filed together, but they remain legally distinct.

Compensation You May Be Owed

A wrongful death claim seeks compensation for financial and personal losses tied to a preventable death. In Baton Rouge, recoverable economic damages can include:

• Lost income and benefits the deceased would have provided over their lifetime
• Funeral and burial expenses
• Loss of household services
• Loss of companionship

Non-economic damages are often a significant portion of wrongful death claims. These intangible losses can include the loss of love, companionship, and emotional support. Other non-economic damages may address pain and suffering. Attorneys play an important role in maximizing the compensation surviving loved ones receive through a wrongful death claim.

Causes of Baton Rouge Wrongful Deaths

In Baton Rouge, wrongful death cases stem from preventable incidents involving violence, traffic collisions, unsafe conditions, and other scenarios where someone’s negligence or misconduct causes a death. The city’s violent crime rate of 5.73 per 1,000 residents contributes to wrongful death cases tied to shootings and assaults.

Motor vehicle collisions are another leading cause of preventable deaths. In 2023, Baton Rouge saw 3,394 traffic collisions that resulted in injury or death. Serious collisions occur along heavily traveled corridors, such as Florida Boulevard, Airline Highway, and Plank Road. Wrongful deaths may also result from workplace accidents, dangerous property conditions, defective products, or medical negligence.

Why You Should Hire a Wrongful Death Lawyer in Baton Rouge

If your family suffered the ultimate loss, your top priority should be to hire a wrongful death lawyer. With representation from a Baton Rouge wrongful death attorney, you can position yourself for a favorable outcome to your case that holds the at-fault party accountable for the harm they caused.

Wrongful death cases are complex, and the party seeking compensation must have strong evidence to back their claims. An attorney can help you gather evidence before filing a claim based on the state’s wrongful death laws. Legal representation plays a key role in maximizing compensation for you and your family. Should the at-fault party make false claims, your lawyer can refute those efforts while focusing on the evidence.

FAQs

How Much Do Lawyers Charge for a Wrongful Death Case?

The cost of a wrongful death lawyer depends on the time and resources they put into your claim. Many wrongful death lawyers work on a contingency fee basis. This means that they are paid a percentage of the final settlement or favorable court verdict. This percentage is disclosed early on. Under this type of agreement, the attorney is incentivized to maximize compensation for their client.

Who Can Bring a Wrongful Death Claim in Louisiana?

Louisiana law limits wrongful death claims to a specific order of surviving relatives. The claim may be brought by the surviving spouse and children of the deceased. If there is no surviving spouse or child, the right passes to the surviving parents. If no parents survive, the claim may be brought by the surviving brothers and sisters. If none of those relatives survive, the surviving grandparents may bring the claim.

What Is the Success Rate of Wrongful Death Claims?

The success rate of a wrongful death claim varies from case to case, so there is no available average. The outcome of any civil claim depends on the strength of the evidence and how well the plaintiff can make sound legal arguments in court. With legal representation, you can build a case that protects your right to compensation while holding the at-fault party accountable for their negligence or misconduct.

What Is the Maximum Compensation Available in a Wrongful Death Case?

Louisiana law does not place a fixed cap on compensation in most wrongful death cases. The amount recoverable depends on the specific losses involved, including lost income and benefits. Funeral expenses and non-economic damages can also add to the size of an eventual settlement. The courts consider the deceased party’s age and earning capacity, among other factors, when setting award amounts for plaintiffs.

Contact a Knowledgeable Baton Rouge Wrongful Death Attorney Today

Wrongful death claims do not arise until the victim dies. The claim can compensate the survivors for their own injuries suffered after the death of the victim. The elements of the award for wrongful death damages include loss of love, affection, and companionship of the deceased, and the past and future grief and anguish of the survivors, as well as loss of support, and funeral and burial expenses.

The experienced Baton Rouge, Louisiana wrongful death lawyers at Dué Guidry Andrews Courrege have handled many wrongful death cases. Our attorneys and staff understand the emotional and financial burden that accompanies an unexpected death and we have the compassion and sympathy necessary to help you and your family through the difficult time.

Contact one of our Baton Rouge, Louisiana accidental death attorneys to schedule a FREE CONSULTATION.